
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC797h]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
                 SUBCHAPTER VII--PROTECTION OF EMPLOYEES
 
Sec. 797h. Employee and personal injury claims


(a) Liability for employee claims

    In all cases of claims, prior to April 1, 1976, by employees, 
arising under the collective bargaining agreements of the railroads in 
reorganization in the Region, and subject to section 153 of this title, 
the Corporation, the National Railroad Passenger Corporation, or an 
acquiring carrier, as the case may be, shall assume responsibility for 
the processing of any such claims, and payment of those which are 
sustained or settled on or subsequent to the date of conveyance, under 
section 743(b)(1) of this title, and shall be entitled to direct 
reimbursement from the Association pursuant to section 721(h) of this 
title, to the extent that such claims are determined by the Association 
to be the obligation of a railroad in reorganization in the Region. Any 
liability of an estate of a railroad in reorganization to its employees 
which is assumed, processed, and paid pursuant to this subsection by the 
Corporation, the National Railroad Passenger Corporation, or an 
acquiring carrier shall remain the preconveyance obligation of the 
estate of such railroad for purposes of section 721(h)(1) of this title. 
The Corporation, the National Railroad Passenger Corporation, an 
acquiring carrier, or the Association, as the case may be, shall be 
entitled to a direct claim as a current expense of administration, in 
accordance with the provisions of section 721(h) of this title (other 
than paragraph (4)(A) thereof), for reimbursement (including costs and 
expenses of processing such claims) from the estate of the railroad in 
reorganization on whose behalf such obligations are discharged or paid. 
In those cases in which claims for employees were sustained or settled 
prior to such date of conveyance, it shall be the obligation of the 
employees to seek satisfaction against the estate of the railroads in 
reorganization which were their former employers.

(b) Assumption of personal injury claims

    All cases or claims by employees or their personal representatives 
for personal injuries or death against a railroad in reorganization in 
the Region arising prior to the date of conveyance of rail properties, 
pursuant to section 743 of this title, shall be assumed by the 
Corporation or an acquiring railroad, as the case may be. The 
Corporation or the acquiring railroad shall process and pay any such 
claims that are sustained or settled, and shall be entitled to direct 
reimbursement from the Association pursuant to section 721(h) of this 
title, to the extent that such claims are determined by the Association 
or its successor authority to be the obligation of such railroad. Any 
liability of an estate of a railroad in reorganization which is assumed, 
processed, and paid, pursuant to this subsection, by the Corporation or 
an acquiring railroad shall remain the preconveyance obligation of the 
estate of such railroad for purposes of section 721(h)(1) of this title. 
The Corporation, an acquiring railroad, or the Association, as the case 
may be, shall be entitled to a direct claim as a current expense of 
administration, in accordance with the provisions of section 721(h) of 
this title (other than paragraph (4)(A) thereof), for reimbursement 
(including costs and expenses of processing such claims) from the estate 
of the railroad in reorganization on whose behalf such obligations were 
discharged or paid.

(Pub. L. 93-236, title VII, Sec. 709, as added Pub. L. 97-35, title XI, 
Sec. 1143(a), Aug. 13, 1981, 95 Stat. 666.)

Abolition of United States Railway Association and Transfer of Functions 
                             and Securities

    See section 1341 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 741 of this title.
